My brother got arrested for DUI in Washington and he refused to take the breath test. Is it true that his driver’s license would automatically be suspended because of this?

Rhea
Yakima, WA

The State of Washington has an implied consent law which provides that after acquiring the driver’s license, the driver impliedly consents to blood alcohol testing if asked by a law enforcement officer. A refusal to take the breath test is in itself a criminal violation that is subject to stiff penalties. Since your brother refused to take the breath test when asked by an officer on a DUI investigation in Yakima, Washington, this breath test refusal could result in automatic driver’s license suspension or revocation. This driver’s license suspension for breath test refusal would be for one year.

The breath test refusal could also be used as evidence against your brother on his DUI case trial. If he is found guilty of his DUI charge, there could be additional penalties because of the breath test refusal, such as stiffer sentence. In order for him to protect his driver’s license, he needs to request a license suspension hearing and pay $100 to the Department of Licensing to cover the costs of the hearing.

I would not know what to do if I will be arrested for DUI in Washington because I haven’t experienced it and I don’t know anyone who already has. Can I contact a lawyer before deciding to take the blood or breath test or will they take it as a refusal?

Dan

Tacoma, WA

If you will be arrested for DUI in Tacoma, Washington, you should tell the officer that you are not refusing to take the blood or breath test, only that you want to talk to a lawyer before making the decision. This answer would demonstrate that you have the normal use of your mental faculties and most of the jurors will think that is what they would want to do if they were under arrest for DUI.

But Washington State DUI laws state that the person making the arrest shall take the arrested person or have him taken without unnecessary delay before a magistrate. The magistrate should then inform the person arrested what he/she is being charged with and his/her rights to hire a lawyer, remain silent, have a lawyer present during any interview with peace officer or attorneys representing the state, terminate the interview at anytime, request appointment of a lawyer if they cannot afford one and an examining trial. Therefore, an officer is being unfair if he/she tells you that you don’t have a right to a lawyer if you have already been arrested for DUI.

A friend of mine was arrested for DUI in Washington and none of us actually really know what happens after a DUI arrest. What does he need to understand about his DUI case first and foremost?

Cailyn

Renton, WA

The very first thing that your friend needs to understand after his DUI arrest in Renton, Washington is that he is facing two separate prosecutions. The first case would be with the Washington State Department of Licensing. If he either provided a blood or breath sample that was above .08 percent, or he refused to submit to a blood or breath test at the hospital or police station, the Washington State Department of Licensing would attempt to suspend his driver’s license for a minimum 90 days to one year.

The second case that he would face after his DUI arrest is in the Washington criminal court system. The court where he will be ordered to appear would depend largely on where he was arrested. The DUI criminal court trial would start at his arraignment wherein he would enter a plea of guilty, not guilty or no contest. If he hired a DUI lawyer, he would not be required to appear on his first court date.

I’m concerned that my sister would be greatly affected after her DUI arrest in Washington. What would be the emotional and financial costs of DUI on her?

Vern

Kennewick, WA

After being arrested for DUI in Kennewick, Washington, your sister might be ashamed of telling everyone about the DUI arrest. It would also be shameful for her on having to go to court and dealing with the Department of Motor Vehicles (DMV). She also might feel shame of having to tell her boss about the DUI arrest. The psychological and emotional costs of DUI are actually different for everyone but it would be the same when it comes to financial cost.

Even if your sister decides not to fight the DUI charges against her, her finances would still take a big hit. The initial costs would be the fines, penalties and surcharges. If it would be required for her, it would also cost money to do the sheriff’s work program. She would also have to pay a fee to choose, within certain limits, when she serves her jail time so that it is the least disruptive to her life. There would also be a program fee for enrolment in the alcohol classes and she would have to pay the DMV for reinstating her driver’s license.

I am afraid my brother’s DUI arrest in Washington would have a negative impact on his record. Isn’t that everyone who is arrested for DUI guilty of the charge?

Silas

Issaquah Plateau, WA

It is absolutely not true that the belief that everyone who is arrested for DUI guilty of the charge. This is what we call “The Guilt Myth.” There are numerous ways in which a person could be falsely accused of DUI and your brother’s DUI arrest in Washington could just be one of them. For example, breathalyzers and field sobriety tests are extremely unreliable. If having a blood alcohol content of 0.08 percent is a crime and 0.079 is not, and if alcohol absorption is a time-sensitive process which varies with a person’s metabolism, a false accusation is highly possible that countless Americans have been the victim of.

It is a damaging myth that even some lawyers believe the notion that everyone who is accused of a DUI is guilty of the charge. But unconsciously, no lawyer who believes this myth is worthy of representing your brother on his DUI charge. If your brother certainly believes that he is innocent of the DUI charges against him, he needs to find a DUI lawyer who would definitely fight to prove just that.

I was arrested for DUI in Washington and I am just waiting for my first court date. I wanna be prepared and all and I have already talked to my lawyer regarding the defenses that we will use. What I need to know now is where will my court hearings take place?

Trevor

Spokane, WA

When you are arrested for DUI in Spokane, Washington, your case will be heard in a particular court. The specific court your case is docketed in depends on some factors including which police agency arrested you and how many DUI convictions you have. If this is your first or second DUI charge, the case is still a misdemeanor and your case will be in either a municipal or district court of the county where you were arrested. Your case is a felony if you have three DUI convictions and you will be scheduled for a preliminary hearing in the District Court of the county where you were arrested. Depending on how you were charged, a DUI felony conviction may also be heard originally in the Circuit Court of the county you were arrested.

Your case will be heard in the municipal court of Spokane if you are arrested for a DUI in a municipality by a municipal police officer if Spokane has a municipal court. Municipal courts and district courts have no power to hear DUI felony cases. However, a district court can have preliminary hearings in DUI felony cases.

Hi. A friend of mine was recently charged with DUI here in Washington. He said that his blood alcohol concentration level was .18 percent which I believe is quite high. Would you know the record for highest blood alcohol concentration?

Kyla

Spokane, WA

A woman who was arrested in Tacoma, Washington on suspicion of DUI reportedly set a record of blood-alcohol concentration (BAC) reading of .50 on a breath test that was taken more than 2 hours after she was taken into custody. This is actually 6 times more than the legal limit and it was surprising that she was able to remain conscious during the said test.

The Washington State Patrol toxicology lab says that a BAC reading of .50 is the highest they have ever seen-definitely a record no one can be proud of. Authorities said that they have only seen a BAC reading that high once before, when a King County motorist was arrested for DUI in 2000.

I just moved in to Washington days ago. My colleagues often told me that the Washington laws about DUI are one of the toughest in the nation. I like having a night out with my friends and drive myself off home. What are the basics that I need to know about DUI in Washington?

Elizabeth, Everett WA

Hey Girl,

I am more like you, kinda the party girl yet have the guts to drive home even after getting a few drinks. Your friends are right, here at Washington laws are stricter and you should be aware of that.

Here are some basics that you should remember when confronted with a police officer arresting you for DUI.

1. When the officer punches a hole right in your driver’s license, it means that the Department of Licensing is giving you an official notice that your driver’s license will be suspended for the mere fact that you are being suspected for DUI.

2. If asked to take the Breathalyzer test and you refused, you will have your driver’s license revoked for at least 1 year.

3. With regard to your car insurance, an additional 3 years will be given to you it is as if you are convicted. Same consequence applies.

If I were you girl, I aint going to drive when you are totally drunk. You will never know when you will be arrested for DUI. I was lucky to have passed the tests a couple of times and not faced conviction. However, just last month I was arrested and facing charges. It changed my life and I tell you, it is very difficult to find a job and get your life back after being convicted with DUI especially here at Washington. For just one night of happiness and being drunk out with friends, your life will change dramatically as DUI conviction has done to me. Next time you drink that tequila and you want to drive yourself home after a night out, think it twice if it’s all worth it.